Legal Question in Real Estate Law in Florida

Hello.

I live in Florida. My wife and i bought a house under her name eight years ago, we both gave a total of 40,000 down payment and we both have been paying the mortgage since, even we divorced 6 years ago. Our divorce agreement states that each get 50/50 of the property. My question is... If we ever sale the house,do i get 50% even if the loan is only on her name? or do i need an additional document to grant me rights to it?

Thank you.


Asked on 9/06/12, 6:17 am

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

The divorce decree is a legally binding division of property. The name on the loan is not binding as far as property ownership (many times the loan is only in one spouses' name but the deed is in both names). You should probably inquire as to how the deed is currently held. If it is only in her name, you may want to have your name added to the deed.

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Answered on 9/10/12, 6:31 am


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